WPSS/1092/2021
2021 Latest Caselaw 3311 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
       ON THE 26TH DAY OF AUGUST, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (S/S) No. 1092 of 2021
BETWEEN:

Mr. Vijay Pal Sharma                     ... Petitioner

      (By Ms. Neetu Singh, Advocate)


AND:

State of Uttarakhand & other ... Respondents
      (By Ms. Anjali Bhargava, learned Additional C.S.C. for the
      State of Uttarakhand and Ms. Indu Sharma, learned counsel
      for respondent nos. 2 to 5)

                       JUDGMENT

1. Petitioner served as Driver in Uttarakhand Transport Corporation and he retired from service on 31.10.2020. Since the retiral dues have not been released so far, therefore, petitioner has approached this Court seeking following reliefs:-

(i) Issue an appropriate order, Writ or directions in the nature of Mandamus commanding and directing the Respondents to make payment of the retirement dues of Petitioner as per sanctioned Orders dated 24.03.2020 and submitted Bill (Annexure as Annexure-3 colly) & as per sanctioned Orders dated 31.05.2020 and submitted Bill (Annexure as Annexure-4 colly) immediately, in the interest of justice to the petitioner.

(ii) Issue an appropriate order, Writ or directions in the nature of Mandamus directing the Respondents to make payment of penal interest @ 18% on the unpaid amount of retirement dues of Petitioner from the date of

his retirement till payment is made by the Respondents, in the interest of justice to the Petitioner.

2. Ms. Indu Sharma, learned counsel appearing for respondent nos. 2 to 5 admits that that petitioner's retiral dues have not been released so far and she has apprised this Court that a sum of ₹10,25,000/- has been sanctioned as gratuity, however, due to financial constraints, which the Corporation is facing at present, actual payment of dues could not be made to the petitioner. She assures the Court that the outstanding dues of the petitioner would be cleared at the earliest as soon as the financial condition of the Corporation improves.

3. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to respondent no. 2 - Managing Director, Uttarakhand Transport Corporation to release a sum of ₹1,00,000/- in favour of the petitioner, within 30 days, which shall be adjusted in the retiral dues to be paid to him. The remaining dues, including gratuity, shall be cleared as early as possible, but not later than six months from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) Aswal